SAGIR Vs. STATE (GOVT. NCT OF DELHI)

JUDGEMENT

(1.) Petitioner has assailed order dtd. 19/2/2025 of the competent authority from Delhi Prisons, whereby his application for furlough was rejected on the ground that on an earlier occasion, he did not surrender in time. I have heard learned counsel for petitioner and learned ASC, who took me through records.

(2.) The petitioner, having suffered incarceration for more than twenty years consequent upon conviction for offences under Sec. 366/376/302/377/511 IPC seeks to be released on first spell of furlough for a period of three weeks. The furlough application of the petitioner was rejected by jail authorities on the ground that his writ petition before the Supreme Court having been dismissed on 1/10/2024, he was directed to surrender immediately but he surrendered with delay of eight days. Therefore, according to the respondent, no furlough can be granted to the petitioner.

(3.) On the other hand, the petitioner has not denied having surrendered belatedly on the earlier occasion. The petitioner has explained that the writ petition was not dismissed but withdrawn without his instructions by his erstwhile counsel, who did not inform him about the directions to surrender. It is further explained by the petitioner that he received a phone call from some jail official on 7/10/2024, so he surrendered on 9/10/2024 after coming to Delhi from his native village in Bihar.